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演讲人： 道格拉斯· 桑德斯（Douglas Sanders），加拿大英属哥伦比亚大学法学院教授，泰国朱拉隆功大学法学院客座教授。

主持人：陆海娜，中国人民大学人权研究中心秘书长，法学院副教授。

时间：13:30-15:30，2016年5月25日

地点：明德法学楼，725

演讲人简介：

道格拉斯· 桑德斯（Douglas Sanders）先生是1963年成立的加拿大首个同性恋权益组织的创始人之一，也是首位以同性恋身份于1992年在联合国禁止歧视并保障少数人权利会议上呼吁保护性少数人的权利的演讲人。随后，他成为世界同性恋协会的代表团成员参加奥地利举行的世界人权大会。他同时也是首位在加拿大法学院中开设性少数人权利学分制课程的教授。此外，他曾在权威杂志中发表与性少数人权利相关的论文并组织性少数人权利维护培训。

演讲主要内容：

在联合国层面保障性少数人权利的历程包括：1993年维也纳世界人权会议,1995年北京第四届世界妇女大会，2003-2005年人权委员会对巴西的失败决议，2011年人权理事会对南非的成功决议以及2014年确定将2011年发布的关于性少数人权利的决定置于联合国人权议程中。在亚洲，涉及性少数人权利的法律包括：亚洲前英国殖民地国家在刑法中消除对性少数人的歧视，泰国、澳门、新加坡、香港、菲律宾以及韩国的反歧视法中禁止对性少数人进行歧视以及中国贵州变性人C先生劳动歧视案件所引发的反歧视思考等。

LGBT RIGHTS IN ASIA:

ANY PROGRESS?

Professor Douglas Sanders

Renmin University, Beijing, PRC

Progress at the UN:

1993 Vienna World Conference on Human Rights:

- The first time a number of states stated opposition to sexual orientation discrimination – Australia, Austria, Canada, Germany, Netherlands. One negative statement by Singapore.

- First time LGBT organizations were accredited – three organizations – five activists.

- Canada proposed in drafting committee to add “sexual orientation” to an equality list – the section was quickly redrawn to have general wording and no list.

1995 Beijing IV World Conference on Women

- Some ‘bracketed’ wording referred to sexual orientation in pre-conference drafts of the final conference statement.

- Eleven explicitly lesbian or lesbian and gay organizations were accredited to the conference. There was a “lesbian tent” at the Huairou NGO forum, and a lesbian march on September 5th.

- Two women unfurled a banner “Lesbian Rights are Human Rights” from the NGO observation balcony during the government sessions.

- In the final drafting meeting “the first substantive discussion of the subject in any United Nations forum” said Chair Patricia Licuanan – thirty-three states supported, twenty states opposed.

2003-2005 the failed Brazilian resolution in the Commission on Human Rights.

2011 the successful South African resolution in the Human Rights Council – two regions supported (Western and Latin America). A global divide, with opposition from (1) Sub-Saharan Africa, (2) Russia and Eastern Europe, and (3) Organization of Islamic Cooperation states. Asia divided.

2014 resolution confirmed the 2011 decision to place LGBT rights on the ongoing human rights agenda of the United Nations. Now ongoing programs by the Office of the High Commissioner for Human Rights and the UN Development Programme.

The situation in Asia:

Criminal laws

The Indian Penal Code of 1860 had a prohibition, copied in most British colonies in Asia, Africa, Oceana and the Caribbean. This was struck down by the Delhi High Court in 2009. Reversed by the Supreme Court in 2013. Reopened by the Supreme Court in January, 2016. Criminal prohibitions survive in Asia in former British colonies – Bangladesh, India, Malaysia, Myanmar, Singapore. A prohibition was repealed in Hong Kong in advance of reversion. Post reversion, court cases in Hong Kong have upheld gay and transgender rights in three cases – establishing equal age of consent, and recognizing the right of transsexuals to marry in their post-operative sex.

Anti-discrimination laws

The only jurisdictions with anti-discrimination laws that deal with sexual orientation are Taiwan (education and employment) and Macau (employment and personal data). Thailand has a “Gender Identity Act” that deals with sex (men/women) and transgender and probably sexual orientation. The case of C in Guizhou, just decided, rejected C’s claim of discrimination.

In South Korea the National Human Rights Commission proposed a broad anti-discrimination law, which included sexual orientation. The law was never enacted, given protests by evangelical Christians.

In Hong Kong there are anti-discrimination laws on race, family status, sex and disability. There have been attempts to add a law on sexual orientation, but again there is vocal religious objection.

In the Philippines there are now anti-discrimination ordinances that address discrimination on sexual orientation and gender identity grounds in two provinces, nine cities, one municipality and three barangays (neighborhood governments within Quezon City), enacted in the years 2003 to 2015. At the national level non-discrimination (including on the basis of sexual orientation) is stated as one of the ‘principles of human rights of women’, and public social workers have the right to protection from discrimination by reason of sexual orientation, as a result of provisions of the Magna Carta of Women, and the Magna Carta of Social Workers. The campaign for a general national law continues.

Public events

There are film festivals in many places – Indonesia, Japan, Korea, China, India – often using facilities of foreign embassies. Hanoi pride has met for perhaps four years now in the German embassy compound.

In 2010 an Asian regional conference of the International Lesbian and Gay Association was blocked by a vigilante Muslim group in Surabaya. But ILGA conferences have been successfully held in India, the Philippines, Taiwan and Thailand.

Pride parades are held annually in India, Japan, South Korea, Taiwan and Thailand.

Transgender rights

Transsexuals can get recognition of changed sex, under restrictive conditions, in China, Hong Kong, Indonesia, Japan, Singapore, South Korea and Vietnam. No legal recognition of intersex rights yet in Asia.

Relationship recognition

Sometimes for visas. Sometimes in domestic violence laws (included in Taiwan and Hong Kong, not included in PRC).

The new head of government in Taiwan supports marriage – and the issue has been taken seriously for a number of years. Taiwan leads Asia on LGBTI rights.

主办机构：中国人民大学人权研究中心